SRC-TJG, VRA S.B. 100 78(R)BILL ANALYSIS


Senate Research CenterS.B. 100
By: Van de Putte
Health and Human Services
7/8/2003
Enrolled


DIGEST AND PURPOSE 

Currently, carbon monoxide detectors are not required in certain
child-care facilities and family homes.  S.B. 100 would require each
day-care, group day-care home, and family home to have carbon monoxide
detectors which meet the requirements set by the Department of Protective
and Regulatory Services relating to the placement, installation, number,
and maintenance of those detectors.  This bill also provides that a
day-care center is exempt from the carbon monoxide detector requirements
prescribed by this section if the day-care center is located in a school
facility that is subject to the school facility standards adopted by the
commissioner of education. 

RULEMAKING AUTHORITY

Rulemaking authority is expressly granted to the Department of Protective
and Regulatory Services in SECTION 1 (Section 42.060, Human Resources
Code) of this bill. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Amends Subchapter C, Chapter 42, Human Resources Code, by
adding Section 42.060, as follows: 

Sec.  42.060.  CARBON MONOXIDE DETECTORS.  (a)  Defines "carbon monoxide
detector." 

(b)  Requires each day-care center, group day-care home, and family home,
except as provided by Subsection (d), to be equipped with carbon monoxide
detectors in accordance with Department of Protective and Regulatory
Services (DPRS) rules. 

(c)  Requires DPRS by rule to prescribe requirements regarding the
placement, installation, and number of carbon monoxide detectors and
maintenance procedures for those detectors. 

(d) Provides that a day-care center is exempt from the carbon monoxide
detector requirements prescribed by this section if the day-care center is
located in a school facility that is subject to the school facility
standards adopted by the commissioner of education under Section 46.008.
Education Code, or similar safety standards adopted by the board of local
districts. 

SECTION 2.  (a) Effective date:  September 1, 2003.
                       
(b) Makes application of this Act prospective to January 1, 2004,
notwithstanding Subsection (a) of this section.